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Daily Blogs

Washington Appellate Court Affirms $10.8M Judgment For Mental Health Professional’s Negligence

April 30, 2019

The Court of Appeals Division I State of Washington (“Washington Appellate Court”), in its unpublished opinion filed on April 22, 2019, upheld a $10.8 million verdict for a mental health professional’s alleged negligent failure to involuntarily detain a man who had recently suffere[...]

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$22.5M Wisconsin Medical Malpractice Settlement For 6-Week-Old’s Brain Damage

April 29, 2019

The Wisconsin Injured Patients and Families Compensation Fund reportedly has agreed to pay $22.5 million to settle a Wisconsin medical malpractice lawsuit alleging that a resident physician who was providing anesthesia services during surgery on a 6-week-old boy at UW Health’s American Family Chil[...]

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California Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

April 28, 2019

In its unpublished opinion filed on April 12, 2019, the Court of Appeal of the State of California Fourth Appellate District Division Two (“California Appellate Court”) addressed the purported arbitration agreements presented to a California nursing home resident’s daughter at the [...]

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Kansas Supreme Court Affirms Dismissal Of Medical Malpractice Case Filed One Day Late

April 27, 2019

The Supreme Court of the State of Kansas (“Kansas Supreme Court”) held in its opinion filed on April 19, 2019: “because no evidence in the record supports [the plaintiff’s] factual assertion that her counsel timely submitted the same petition as the one eventually file stampe[...]

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$110M New York Medical Malpractice Verdict For Failure To Properly Treat Asthma Attack

April 26, 2019

On April 12, 2019, a New York medical malpractice jury returned its verdict in the amount of $110.6 million in favor of a 48-year-old New York medical malpractice plaintiff who suffered a massive brain bleed that left her with slurred speech and confined to a wheelchair due to the defendants’ [...]

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FDA Orders Manufacturers Of Surgical Mesh For Pelvic Organ Prolapse To Cease Sales And Distribution

April 25, 2019

On April 16, 2019, the U.S. Food and Drug Administration (FDA) ordered the manufacturers of all remaining surgical mesh products indicated for the transvaginal repair of pelvic organ prolapse (POP) to immediately stop selling and distributing their products in the United States. The manufacturers, B[...]

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Oklahoma Supreme Court Holds Cap On Noneconomic Damages For Bodily Injury Claims Is Unconstitutional

April 24, 2019

In its opinion filed on April 23, 2019, the Supreme Court of the State of Oklahoma (“Oklahoma Supreme Court”) held “the cap on actual noneconomic damages–is wrought with an irremediable constitutional infirmity: It is a special law categorically prohibited by Article 5, Secti[...]

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Wisconsin Appellate Court Reverses Birth Injury Medical Malpractice Defense Verdict Due To Erroneous Alternative Methods Jury Instruction

April 23, 2019

The State of Wisconsin Court of Appeals District I (“Wisconsin Appellate Court”), in its decision filed on April 16, 2019, reversed a defense verdict in a Wisconsin birth injury medical malpractice case, finding that the trial court erroneously provided the jury with a misleading alterna[...]

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Pennsylvania Appellate Court Affirms $13.5M Mesh Verdict Against Ethicon

April 22, 2019

In its opinion filed on April 11, 2019, the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) affirmed a Pennsylvania jury’s verdict in the amount of $13,500,000.00 against Ethicon, Inc. and Ethicon’s parent company, Johnson & Johnson (collectively “Ethicon�[...]

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Ohio Appellate Court Upholds New Trial For Medical Malpractice Plaintiff

April 21, 2019

The Court of Appeals of Ohio (“Ohio Appellate Court”) upheld a lower court’s grant of a new trial to the Ohio medical malpractice plaintiff in its opinion filed on April 11, 2019, stating: “Based on the inconsistencies in [the defense expert’s] testimony relating to [th[...]

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Arkansas Supreme Court States Nursing Home May Be Entitled To Charitable Immunity From Wrongful Death Lawsuit

April 20, 2019

The Supreme Court of Arkansas (“Arkansas Supreme Court”) held in its opinion filed on April 11, 2019 that the defendant nursing home that had been sued for negligence that allegedly resulted in a resident’s painful death may be entitled to charitable immunity from the lawsuit. The [...]

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$12.25M Iowa Medical Malpractice Verdict For Pathologist’s Prostate Cancer Misdiagnosis Due To Slide Mix Up

April 19, 2019

Earlier in April 2019, an Iowa medical malpractice jury returned its verdict in the amount of $12.25 million for the plaintiffs in an Iowa medical malpractice lawsuit that alleged that a pathologist mixed up the slides of tissue samples taken from the plaintiff and from a man who had prostate cancer[...]

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